2025 Code of Georgia
Title 16 - Crimes and Offenses (Chs. 1 — 17)
Chapter 3 - Defenses to Criminal Prosecutions (Arts. 1 — 3)
Article 2 - Justification and Excuse (§§ 16-3-20 — 16-3-28)

Annotations

JUDICIAL DECISIONS

Affirmative defenses authorized by the former Criminal Code and former Code 1933, § 26-1003 (see now O. C. G. A. § 16-4-5) imply that if a defendant presents one it is to defendant’s advantage and to defendant’s interest to affirmatively show it as best defendant can, but defendant has no burden to show it nor does defendant have burden of persuasion. Moore v. State, 137 Ga. App. 735, 224 S. E.2d 856, 1976 Ga. App. LEXIS 2588, rev'd, 237 Ga. 269, 227 S. E.2d 241, 1976 Ga. LEXIS 1492 (1976).

Research References & Practice Aids

For note, “Heating Up and Cooling Down: Modifying the Provocation Defense by Expanding Cooling Time,” see 54 Ga. L. Rev. 761 (2020).

For article, “How the Fourth Amendment Frustrates the Regulation of Police Violence,” see 70 Emory L. J. 521 (2021).

Homicide or assault in attempting to prevent elopement, 8 A. L. R. 660.

Fact that gun was unloaded as affecting criminal responsibility, 68 A. L. R.4th 507.

O. C. G. A. Title 16

O. C. G. A. Title 16, Ch. 3